T&Csfor RSS API

Acast Terms and Conditions for RSS API

The Acast RSS API and the Acast Content, as defined below, are made accessible by Acast AB (publ) a company registered in Stockholm, Sweden (“We” or “Acast”).

If you accept the Acast Terms and Conditions for RSS API Integration on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity. If you do not have such authority, or if you do not agree with the Acast Terms and Conditions for RSS API Integration Terms, you may not access the Acast RSS API. You warrant and represent that You are not a person restricted from using or receiving or accessing the Acast RSS API under the applicable laws of any country including the country in which you are resident or from which you use the Acast RSS API.

These Acast Terms and Conditions for RSS API Integration (the "Terms") constitute a legally binding agreement between you and the company or legal entity on which behalf you are accepting the Terms (hereafter “You” or “you”) and Acast, and contains the terms and conditions upon which Acast permits You to access and use Acast RSS API and make the Acast Content accessible through Your Service. Acast and You shall jointly be referred to as the “Parties” or each a “Party”.

By clicking the checkbox stating that You accept these Terms, You agree to be bound by and comply with the Terms (and any amendments thereto that Acast may publish from time to time).

You acknowledge that (i) Acast has been granted a right by its podcast creators and undertaken an obligation towards these podcast creators, to monetise their content (as included in Acast Content) and share the revenues from such monetization with the podcast creators and (ii) it is material for these Terms that You may not in any way monetise Acast Content.

1. DEFINITIONS

1.1 In these Terms, unless otherwise expressly stated, the following terms shall have the meaning set out below, to be equally applicable to the singular and plural forms of such terms:

“Acast Content” means the podcast content, related data, metadata, files, audio files, attachments, text, images, commercial messages (including Commercials) that Acast makes available through the Acast RSS API from time to time, in its sole discretion.

“Acast RSS API” means the programming interface granting You access to Acast Content as made available to You by Acast from time to time, in its sole discretion.

“Applicable Privacy Laws” means the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), the Data Protection Act 2018 (“UK GDPR”), the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199) (“CCPA”), and any similar or equivalent laws, regulations or rules applicable to each Party and relating to the processing of personal data as amended, replaced and/or supplemented from time to time, together with any enforceable guidance and codes of practice issued by any competent authority responsible for administering such data protection legislation.

“Commercials” means a commercial message having an audio, video and/or display format, or any interactive media inserted into the Acast Content.

“Confidential Information” means information of a commercial and/or financial nature, whether written or oral, and whether or not marked as confidential, including without limitation (i) the contents of any agreement You have with Acast, (ii) customer lists, (iii) trade secrets, and (iv) other information relating to the Parties’ businesses.

“Effective Date” means the date on which You accepted the Terms, by clicking the checkbox indicating that You accept the Terms.

“Intellectual Property Rights” means unregistered and registered intellectual property rights of whatsoever nature throughout the world, such as, but not limited to copyrights, designs, domain names, trade names, trademarks, whether registered or earned, and patents, whether pending or approved, and applications and rights to apply for the same.

“Term” means the period from the Effective Date until termination of the Terms as set out in section 12 below.

“Terms” means these Terms, applicable to Your use of the Acast RSS API and all associated information and content therein.

“Your Service” means the platform and/or application on which You will make the Acast Content accessible.

2. AVAILABILITY

2.1 Acast shall make available the Acast RSS API, including Acast Content, as set out in the Terms.

2.2 You shall ensure that the Acast Content is made accessible to users of Your Service as further described in the Terms.

2.3 Acast shall use commercially reasonable efforts to make the Acast RSS API available twenty-four (24) hours a day, and three hundred sixty-five (365) days a year, except for scheduled and unscheduled maintenance.

2.4 In order to use the Acast RSS API, You must obtain access to the internet. Acast is not responsible for any service fees associated with such access, nor is Acast responsible for any costs or equipment necessary for You to make such connection to the internet or be able to use the Acast RSS API.

2.5 Acast shall use commercially reasonable efforts to maintain reasonable quality of the Acast Content.

3. ACCOUNT

3.1 You may need to create an account with Acast to log in and access the Acast RSS API. You warrant and represent that all user information provided by You to Acast is true and correct and that, when necessary, You will update your user information so that it remains true and correct at all times.

3.2 You are responsible for keeping your account and login details secure and You are responsible for all activities that are carried out under Your account. You should choose a strong, unique password, which You will not disclose to anyone else, or use with any other service. Acast will not be responsible for any losses suffered by You in circumstances where your account is used by someone else, except where this is demonstrably caused by Acast's negligence.

4. ACCEPTABLE USE OF THE ACAST RSS API AND THE ACAST CONTENT ETC.

4.1 You will only access (or attempt to access) the Acast RSS API by the means described in the documentation provided by Acast for that API. If Acast assigns you developer credentials (e.g. client IDs), you must use these for the Acast RSS API. You will not misrepresent or mask either your identity or your API client's identity when using the Acast RSS API or developer accounts. Acast sets and enforces limits on your use of the Acast RSS API (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, any limitations as communicated by Acast from time to time. Any use of Acast RSS API beyond any limitations requires pripr written consent by Acast.

4.2 You may solely make the Acast Content accessible through Your Service to users of Your Service without any re-hosting, reproducing, downloading, caching, forwarding, alteration, use of proxy, filtering, caching, or similar activity, directly from Acast’s designated servers. Notwithstanding the first sentence, You may reproduce and make available through Your Service to users of Your Service any show cover art and/or show description included in Acast Content as part of making the full Acast Content accessible in a user friendly way as further set out in these Terms.

4.3 You shall ensure that any and all requests from Your Service and users of Your Service for the Acast Content is made directly to Acast’s own designated servers in an IPv4 format, or any other format that Acast accepts in its sole discretion from time to time.

4.4 You shall ensure that You, and the users of Your Service, do not act in a way that may affect Acast’s listen or impression-counting ability or placement of Commercials based on Acast’s assumed standards (as updated in Acast’s sole discretion from time to time).

4.5 You agree that when accessing the Acast RSS API, You will not, and You will make sure that the users of Your Service do not:

• re-produce, modify, copy, distribute, prepare derivate works of, translate, resell, perform or display to the public, or permit access to the Acast RSS API or Acast Content to any third party;

• interfere with the Acast RSS API or the Acast Content or disrupt any other user’s access to the Acast RSS API or the Acast Content;

• unless provided for under mandatory law, reverse engineer, disassemble, attempt to gain unauthorized access to the Acast RSS API or Acast Content, or attempt to discover the underlying source code or structure of the Acast RSS API or Acast Content;

• distribute viruses or any other technologies that may harm Acast or our affiliates or the interests of any other user of the Acast RSS API, or otherwise interfere with or disrupt Acast’s systems;

• use any robot, spider, data scraping or extraction tool or similar mechanism with respect to the Acast RSS API or the Acast Content;

• use any robot, spider, data scraping or extraction tool or similar mechanism with respect to the Services;

• share account credentials or give others access to your account. In addition to, and without limiting the generality of the foregoing, You may not access the Acast RSS API for purposes of monitoring its performance, functionality or availability, or for any other competitive purposes; or

• use the Acast RSS API or the Acast Content other than in compliance with the Terms and any amendment hereto, applicable laws and regulations.

4.6 You may not in any way use Acast Content or parts for purposes of promoting or marketing Your Service or any other service or product.

4.7 You acknowledge that Acast may make available Acast Content via private RSS feeds, i.e. via such RSS feeds with Acast Content that are only accessible for a user that has been authorized by Acast to access such Acast Content (“Acast Authorized Users”). You undertake to ensure during the Term that Acast Content made available by Acast through such private RSS feeds shall be equally accessible via Your Service to Acast Authorized Users as any public RSS feed made accessible through Your Service. In addition, You undertake during the Term that You will not make any such Acast Content, that Acast makes available via private RSS feeds, accessible to non-Acast Authorized Users or circumvent any security measures, tokens or otherwise for the for the purpose of making such Acast Content accessible to non-Authorized Users.

5. ACAST CONTENT ON YOUR SERVICE

5.1 Subject to Your compliance with the Terms, Acast grants You a non-exclusive right to make the Acast Content accessible through Your Service to users of Your Service solely through a deep hypertext link in accordance with the Terms. Acast further grants You a non-exclusive right to make available through Your Service to users of Your Service any show cover art and/or show description included in Acast Content as part of making the full Acast Content accessible in a user friendly way as further set out in these Terms.

5.2 You shall make the Acast Content accessible through Your Service “as is” and may not, nor allow the users of Your Service to amend the Acast Content, including, without limitation, insert commercial messages within or in relation to the Acast Content. For the avoidance of any doubt, You and/or the users of Your Service, may not insert any commercial messages in a way that could reasonably be understood or perceived by anyone as being related to the Acast Content in any way.

5.3 If Acast, in its sole discretion, requests that the Acast Content, in whole or in part, shall be deleted, replaced or made inaccessible from Your Service, You undertake to immediately remove the relevant parts of the Acast Content from Your Service. Notwithstanding anything to the contrary in the Terms, Acast shall always have the right to remove or make Acast Content (including, without limitation RSS feeds) inaccessible in its sole discretion from its servers.

5.4 If You remove or make certain Acast Content, in whole or in part, inaccessible through Your Service, You shall immediately provide a notice to takedowns@acast.com.

5.5 You may not specifically charge the users of Your Service for the Acast Content.

6. OWNERSHIP AND RIGHTS

6.1 In relation to You, Your Service and users of Your Service, Acast is and remains the sole owner of the Acast RSS API and the Acast Content, including without limitation, all Intellectual Property Rights and all technology, software and code, design, images, information and other content and/or material on or related to the Acast RSS API and the Acast Content, including future developments and enhancements thereof (collectively, the "Acast IP"). Furthermore, Acast is and remains the sole owner of Acast's trade names, trademarks, logos, copyrights, branding and all components thereof. Acast hereby grants to You a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license for the term to access the Acast RSS API and make the Acast Content accessible through Your Service in accordance with the Terms. The Terms do not confer upon You or any users of Your Service any right to, or in respect of, the Acast RSS API, the Acast Content or to any technology, software, information or material being part thereof. Acast expressly reserves all any and all rights not expressly granted to You.

6.2 Each Party, hereby grants the other, a non-exclusive, non-transferable, free-of-charge, worldwide, limited license to use and reproduce its trademarks, logos, icons, short and long product descriptions, titles and screenshots that may be provided to the other Party, for the term, and solely for the purpose and services described in the Terms. For the avoidance of doubt, this license does not include any Acast Content or parts thereof.

7. CONFIDENTIALITY

7.1 Each Party shall, during the Term, and thereafter keep Confidential Information of the other Party confidential and not use such Confidential Information other than for purpose of fulfilling its obligations under these Terms.

7.2 Each Party shall take necessary precautions to prevent any unauthorized disclosure or use of such Confidential Information by its officers, directors, employees or other representatives.

7.3 Each Party may disclose Confidential Information if such disclosure is necessary to comply with applicable governmental regulations, laws and/or stock exchange rules, provided that the Party required to make any such disclosure will, to the extent practicably possible and legally permissible, give reasonable advance notice to the other Party of such disclosure requirement and will use its best efforts to secure confidential treatment of such information required to be disclosed.

8. REPRESENTATIONS AND WARRANTIES

8.1 You represent and warrant that You have the full right and power to accept and be bound by the Terms.

8.2 You represent and warrant that Your acceptance of the Terms, as well as Your performance of the obligations herein, does not, and will not, infringe or violate upon any third party’s rights, including Intellectual Property Rights, nor any applicable law or regulation.

8.3 You represent and warrant that You will not, nor allow the users of Your Service, to modify or include any content (including, without limitation, Commercials) in or in relation to the Acast Content.

8.4 Acast represents and warrants that it is the owner or the licensee of the rights granted to You in the Terms.

9. MUSIC RIGHTS

9.1 The Parties agree that in relation to music in the Acast Content, Acast shall have no liability.

10. NON-SOLICIT

10.1 You undertake during the Term and for a period of six (6) months from the expiration or the termination of the Term, to not (i) directly or indirectly (including, without limitation, through any company controlled by You) approach any person or entity that provides Acast Content, for the purpose of licensing or otherwise acquire distribution rights for Acast Content and/or (ii) license, or otherwise acquire distribution rights to, or distribute any Acast Content, except as provided for under the Terms.

11. PERSONAL DATA AND OTHER DATA

11.1 Acast will collect and process certain personal data pertaining to users of Your Service when delivering the Acast Content under the Terms. Acast is a data controller/business (as defined in Applicable Privacy Laws) for the processing of such data and will process it for the purposes of responding to user requests for the Acast Content and/or any other purpose set forth in the applicable Acast Privacy Policy (available at https://acast.com/privacy-policy), as amended from time to time.

11.2 Upon Acast’s specific request, You shall provide Acast with non-personal user listening data related to Acast Content made accessible through Your Service in a standardized format.

12. TERM AND TERMINATION

12.1 The Terms will continue in force until terminated by either Party upon three months written notice. In such case, Your rights and obligations under the Terms will also terminate except for such obligations that have arisen as a consequence of Your or the Users of Your Service use of the Acast RSS API and/or access to the Acast Content, including without limitation obligations relating to confidentiality, non-solicitation and/or indemnification.

12.2 Your, or the users of Your Service, non-compliance with the Terms may result in the suspension of Your access to the Acast RSS API and/or the Acast Content in addition to any other available legal or equitable remedies. By using the Acast RSS API, You accept that Acast may, at any time and at its own discretion, close and/or discontinue the Acast RSS API or parts thereof.

12.3 Upon termination of the Terms, You shall immediately cease accessibility of the Acast Content through Your Service, and shall remove and delete /destroy any and all Acast Content in Your possession, custody or control. Upon Acast’s request, You shall certify compliance with this Section 12.3 in writing.

13. CHANGES TO THE SERVICES AND/OR THE TERMS

13.1 Acast reserves the right to modify, correct, develop, improve, or make any other change to, or discontinue (temporarily or permanently), the Acast RSS API or accessibility to the Acast Content (or any part thereof) without notice, at any time. In the event of a permanent discontinuation of the Acast RSS API, Acast will, unless prohibited by applicable law or stock-exchange rules, inform You hereof no later than thirty (30) days prior to such discontinuation.

13.2 Acast may revise the Terms from time to time in its sole discretion. When there is a new version of the Terms, You will receive notice hereof in Acast RSS API and be prompted to approve the new version of the Terms. If You do not approve the new version of the Terms, You may not continue to use the Acast RSS API or making the Acast Content accessible through Your Service.

14. DISCLAIMER

14.1 TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE ACAST RSS API AND THE ACAST CONTENT, AS WELL AS ANY MATERIAL, INFORMATION AND ANY THIRD-PARTY COMPONENTS PROVIDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ACAST DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

14.2 YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACAST RSS API AND/OR ACAST CONTENT MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS WHICH ACAST MAY UNDERTAKE FROM TIME TO TIME; OR (C) CAUSES BEYOND THE CONTROL OF ACAST OR WHICH ARE NOT REASONABLY FORESEEABLE BY ACAST. ACAST WILL NOT BE LIABLE AND/OR RESPONSIBLE FOR THE PLATFORM'S FAILURE TO BE AVAILABLE FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO INTERNET AND NETWORK CAUSED OUTAGES, OUTAGES DURING WHICH THE HARDWARE AND SOFTWARE CANNOT BE ACCESSED DUE TO TECHNICAL OR OTHER PROBLEMS THAT ARE NOT UNDER OUR CONTROL (E.G. FORCE MAJEURE, THIRD-PARTY NEGLIGENCE, ETC.).

14.3 TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL ACAST BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE ACAST RSS API OR THE ACAST CONTENT, YOUR USE, OR INABILITY TO USE THE ACAST RSS API OR ACCESS THE ACAST CONTENT, FAILURE OF THE ACAST RSS API AND/OR INABILITY TO ACCESS THE ACAST CONTENT, OR THE ACAST RSS API OR ACAST CONTENT TO PERFORM AS REPRESENTED OR EXPECTED.

14.4 YOU ACKNOWLEDGE THAT ACAST IS NOT RESPONSIBLE FOR THE ACCURACY OF THE ACAST CONTENT THAT IS UPLOADED TO THE ACAST RSS API AND THAT RELIANCE ON SUCH PODCAST CONTENT IS EXPRESSLY AT YOUR OR THE USERS OF YOUR SERVICE OWN RISK. ACAST ACCEPTS NO LIABILITY FOR DIRECT OR CONSEQUENTIAL LOSS ARISING AS A RESULT OF THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF INFORMATION AVAILABLE ON OR THROUGH THE ACAST RSS API.

15. INDEMNIFICATION

15.1 YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS ACAST AND ITS AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL THIRD-PARTY ACTIONS, DAMAGES, CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES THAT: (A) ARISE FROM YOUR, OR USERS OF YOUR SERVICE, ACTIVITIES ON THE ACAST RSS API OR (B) OTHERWISE ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR REPRESENTATIONS, WARRANTIES OR OBLIGATIONS SET FORTH IN THE TERMS.

15.2 YOU AGREE AND ACKNOWLEDGE THAT ANY UNAUTHORIZED EXPLOITATION OF THE ACAST CONTENT MAY CONSTITUTE E.G. COPYRIGHT INFRINGEMENT AND WOULD LIKELY RESULT IN INJURY TO ACAST FOR WHICH THERE MAY BE NO ADEQUATE REMEDY AT LAW. ACCORDINGLY, YOU AGREE THAT IN ADDITION TO ANY OTHER AVAILABLE LEGAL OR EQUITABLE REMEDIES, ACAST SHALL BE ENTITLED TO INJUNCTIVE RELIEF/INJUNCTION AGAINST SUCH UNAUTHORIZED EXPLOITATION.

16. MISCELLANEOUS

16.1 Acast has the right, fully or partly, to transfer our rights and obligations to third parties under the Terms. You have no right to transfer your rights and obligations under these Terms, unless You have Acast's written consent to do so.

16.2 If any part, term or provision of the Terms is held to be illegal or unenforceable, the validity of the remainder of the Terms will not be affected. Any omission of Acast to enforce its rights under the Terms shall not be regarded as a waiver of such rights. It is expressly understood that all provisions regarding limitations of liability and indemnities will remain in full force and effect and shall survive the deletion of your account for the Acast RSS API.

17. GOVERNING LAW AND DISPUTES

17.1 Any claim relating to the Terms, the Acast RSS API or the use thereof will be governed by and interpreted in accordance with the laws of Sweden, without reference to its conflict of law principles.

17.2 Any dispute, controversy or claim arising out of or in connection with the Terms, or the breach, termination or invalidity thereof, shall be finally settled by the Court of Stockholm, Sweden, unless otherwise required under local consumer legislation. The language to be used in any proceedings shall be English.

18. CONTACT INFORMATION

18.1 If You have any questions, complaints or comments about Acast or our services then please contact us by email using support@acast.com, or in writing by post to Acast AB (publ), corporate reg. no. 556946-8498, Kungsgatan 28, 111 35 Stockholm, Sweden.